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provided to Recipient.
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<br />Section VII/. RIGHTS AND PRIVILEGES OF PROVIDER'S ElVIPLOYEES
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<br />Pursuant to G.S. 166A-14, whenever Provider's employees are rendering aid and assistance
<br />pursuant to this Agreement, such employees shall retain the same powers, duties, immunities,
<br />and privileges they would ordinarily possess if performing their duties within the geographical
<br />limits of Provider.
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<br />Section IX. PROVIDER'S EM~PLOYEES COVERED AT ALL TIMES BY PROVIDER'S
<br />WORKERS' COMPENSATION POLICY
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<br />Recipient shall not be responsible for reimbursing any amounts paid or due as benefits to
<br />Provider's employees under the terms of the North Carolina Workers' Compensation Act,
<br />Chapter 97 of the General Statutes, due to personal injury or death occunSng during the period of
<br />time such ~mployc~, are engaged in the rendering of aid and assistance under this Agreement. It
<br />is mutually understood that Recipient and Provider shall be responsible for payment of such
<br />workers' compensation benefits only to their own respective employees. Further, it is mutually
<br />understood that Provider will be entirely responsible for the payment of workers' compensation
<br />benefits to its own respective employees pursuant to G.S. 97-51.
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<br />Section X. IMMDNITY
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<br />Pursuant to G.S. 166A-14, all activities perfmmed under this Agreement are hereby declared to
<br />be governmental functions. Neither the parties to this Agreement, nor, except in cases of willful
<br />misconduct, gross negligence, or bad faith, their personnel complying with or reasonably
<br />attempting to comply with this Agreement or any ordinance, order, role, or regulation enacted or
<br />promulgated pursuant to the provisions of this Agreement shall be liable for the death of or
<br />injury to persons, or for damage to property as a result of any such activity.
<br />
<br />Section XI. PARTIES MUTUALLY AGREE TO HOLD EACH OTlCIER H.4_RMLESS
<br />FROM LIABILITY
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<br />Each party (as indemnitor) agrees to protect, defend, ind~,,nify, and hold the other patx'y (as
<br />indemnitee), and its officers, employees and agents, free and harmless from and against any and
<br />all losses, penalties, damages, assessments, costs, charges, professional fcca, and other expenses
<br />or liabilities of every kind and arising out of or relating to any and all claims, liens, demands,
<br />obligations, actions, proceedings, or causes of action of every kind in connection with or arising
<br />out of indemnltor's negligent acts, e, ors and/or omissions. Indemnltor further agrees to
<br />investigate, handle, respond to, provide defense for, and defend any such claims, etc. at
<br />indemnitor's sole expense and agrc~ to bear all other costs and expenses related thereto. To the
<br />extent that immullity does not apply, each party shall bear the risk of its own actions, as it ttoes
<br />with iq day-to-day operations, and dete, mine for itseifwhat kinds ofin.qurance, and in what
<br />amounts, it should carry. Each party understands and agrcca that any insurance protection
<br />obtained shall in no way limit the responsibility to indemnify, keep, and save harmless the other
<br />parties to this Agreement.
<br />
<br />Notwithstanding the foregoing, to the extent that each party does not purchase insurance, it shall
<br />not be deemed to have waived its governmental immunity by law.
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